Study On The European Union Investment Court System

With the increasingly close economic exchanges between countries,international investment activities conform to the trend of economic globalization and become increasingly active.In order to solve disputes in international investment,the ISDS mechanism came into being.But with the prosperity and development of investment and trade between countries,investment disputes between investors and host countries are increasing.According to the statistics of ICSID,the number of new cases accepted by ICSID in 2017 was 53,the highest ever.By the end of 2017,ICSID had received 650 cases.The existing ISDS mechanism in the world,including the most widely used ICSID,is facing more and more problems.In recent years,especially in developed countries or developing countries,there has been a clear divergence of views on the removal,reservation and reform of ISDS mechanism.In order to alleviate the controversy and criticism of the ISDS mechanism in recent years,the European Union tried to reform its content,and put forward the Investment Court System.Under this background,this article focuses on the theme of Investment Court System.The first part of the article is the introduction.The part of the study is to dig out the legal and policy roots of the system from the perspective of the current situation of China's investment in the EU and the background of the European Union.The second part explains the emergence and background of the Investment Court System,and from the perspective of China's investment in the EU and the background that the EU initially proposed,excavates the legal and policy roots of the system.The third part elaborates the main contents and practical application of EU Investment Court System.The practical application of Investment Court System includes the TTIP,CETA and EVFTA of the European Union.The fourth part is the innovation and challenges of Investment Court System.By comparing with the traditional dispute settlement mechanisms such as NAFTA,MAI and ICSID,we get the innovation and deficiency of Investment Court System.The fifth part is to find out the Enlightenment of Investment Court System to our country.This part includes three aspects: one is the inspiration to our country's ISDS mechanism,the two is the legal advice on the investment and trade of the overseas investors in the EU member countries,and the three is the enlightenment to the ISDS clause in the BIT which our country and the EU are negotiating.Through the study of the EU investment Court system,this paper draws on the advantages of the system,so as to improve and improve the investment dispute settlement mechanism between the overseas investors and the host country,and better deal with the investment disputes,thus promoting the development of the overseas investment and trade in China.